STRATA SCHEMES MANAGEMENT ACT 1996 BY-LAWS FOR Strata Plan 30102

Transcription

1 1 4 HERCULES STREET, ASHFIELD NSW 2131 Ph: (02) Fax: (02) ABN: STRATA SCHEMES MANAGEMENT ACT 1996 BY-LAWS FOR Strata Plan The following BY-LAWs have been created or amended for Strata Plan 30102, 2 Springfield Avenue, Potts Point NSW SPECIAL BY- LAW NO 1 2 SPECIAL BY- LAW NO 3 2 SPECIAL BY- LAW NO 4 3 SPECIAL BY- LAW NO 5 3 SPECIAL BY- LAW NO 6 3 SPECIAL BY- LAW NO 7 3 SPECIAL BY- LAW NO 10 3 SPECIAL BY- LAW no. 11 SECURITY 5 Special By- law NO. 12 GREASE ARRESTER 6 SPECIAL BY- LAW NO 13 7 SPECIAL BY- LAW NO 14 8 SPECIAL BY- LAW NO 15 8 SPECIAL BY- LAW NO 16 9 SPECIAL BY- LAW NO SPECIAL BY- LAW NO SPECIAL BY- LAW NO SPECIAL BY- LAW NO. 20 POOL COMMON AREA 20 SPECIAL BY- LAW NO. 21 ROOF TOP COMMON AREA 21 SPECIAL BY- LAW NO 22 - SERVICE OF NOTICES BY ELECTRONIC MEANS 22 SPECIAL BY- LAW NO SPECIAL BY- LAW NO. 24 CARPARK STORAGE 25 SPECIAL BY- LAW NO. 25 PARKING PROTECTORS 26 SPECIAL BY- LAW NO. 26 RULES 26 SPECIAL BY- LAW NO. 27 COMPLIANCE WITH PLANNING AND OTHER REQUIREMENTS 27 SPECIAL BY- LAW NO LOTS 5 & 6 ALTERATIONS TO COMMON PROPERTY 27

2 2 SPECIAL BY-LAW NO 1 The Body Corporate in addition to the powers and authorities conferred on it by or under the Strata Titles Act, 1973, and elsewhere in its by-laws and without limiting the generality of those powers will have the power and authority to provided for the management of the lots and common property and of the building generally and without limiting the generality of this may, in addition to the appointment of any managing agent, enter into any contractual or other arrangement with Kevint Holdings Pty Limited (in this by-law referred to as Hotel Manger ) under which the Hotel Manger is responsible for attending to all or any of the day to day management and maintenance aspects of the common property and which contractual or other arrangement may provide for the following: (i) (ii) (iii) (iv) (v) (vi) (vii) A fixed term of duration not exceeding 10 years (including any period or periods of any option or options for renewal) with or without any rights for early determination by either the Body Corporate or the Hotel Manager; Use by the Hotel Manager (as Licensee) to the exclusion of Proprietors and occupiers generally of any designated areas of common property for reception office, storage and other purposes; The cleaning, caretaking, security, supervision and service of the common property and any person or property vested in the Body Corporate and for the general repair and maintenance of renewal or replacement of such items; The provision of services to proprietors or occupiers including but without limiting the generality of this clause the services of a porter, telephonist, handyman, roof cleaning and servicing, food and non-alcoholic drink service to residential units and a letting or property management and sales service or the supervision of any employees or contractors of the Body Corporate; The control and supervision of the common property generally; The arbitration of disputes between the Body Corporate and the Hotel Manager; and Any other matter, which may be considered by the Body Corporate to be necessary and desirable, and the power and authority to permit any of its employees or contractors (or any employee or contractor of the Hotel Manager) to use (as licensee) during any term of employment of contract (or in the case of any employee or contractor of the Hotel Manager, during the term of the Hotel Manger s contract) any common property, residential flat, car or storage space to the exclusion of proprietors and occupiers generally. SPECIAL BY-LAW NO 3 For so long as Kevint Holdings Pty Limited is the proprietor or co-proprietor of Lot 1 and 6 inclusive it shall be at liberty to sell, transfer or let any one or all of those lots to anyone for use for any legal purpose subject to all necessary approvals from any relevant consent authority.

3 3 SPECIAL BY-LAW NO 4 For so long as Kevint Holdings Pty Limited is a proprietor or co-proprietor of a lot in the strata scheme it shall have the exclusive use and enjoyment of those parts of the common designated on the plan annexed to change of By-Law W and marked as: Reception, Office, Stairs and Caretakers Flat must be kept in a good and property state of maintenance and repair by Kevint Holdings Pty Limited on behalf of all the proprietors of the strata scheme at the expense of the body corporate. SPECIAL BY-LAW NO 5 For so long as Kevint Holdings Pty Limited is a proprietor or co-proprietor of a lot in the strata scheme it shall have the exclusive use and enjoyment of those parts of the common property designated on the Plan annexed to Change of By-Law W164614, and marked as follows V3, V4, 1Z, Store, V7, V8 and V9. Those areas must be kept in a good and property state of maintenance and repair at the expense of Kevint Holdings Pty Limited. SPECIAL BY-LAW NO 6 Subject to the provisions of the Strata Titles Act, 1973, ad the regulations under it, for a period of six months from 2 nd April 1992, Kevint Holdings Pty Limited shall have both the liberty and responsibility to take such measures as it sees fit to secure the common property including the securing of access to the car parking area. In so doing Kevint Holdings Pty Limited shall bear the cost of the provision of such security for that six-month period. Further, Kevint Holdings Pty Limited is granted the right of first refusal to continue if it so desires as the provider of security for the common property for a further twelve-month period. The body corporate shall bear the cost of the provision of such security for the further twelve-month period. SPECIAL BY-LAW NO 7 The Body Corporate approves the affixing of those air conditioning units already affixed as at 1 st January 1992, to through or upon the common property for the benefit of the individual lots. SPECIAL BY-LAW NO 10 (a) In addition to the power, authorities, duties and functions conferred or imposed on the body corporate by the Strata Schemes Management Act, 1996, and its by-laws, the Owner Corporation has the following additional powers, authorities, duties and functions:

4 4 (i) (ii) The power to acquire and install or arrange or authorize the installation of appliances or other form of system ( system ) to facilitate the reception of cable and satellite television, media and telecommunications services by the lots and the common property including, without limitation, the power to acquire and install or arrange or authorize any television, microwave, satellite or other media aerials, antennas or dishes and associated wiring, cabling and equipment on and through the common property; and The power and duty to repair, maintain, renew and replace any such system as may be necessary from time to time but on such terms as may be agreed with the owners corporation. (b) The owners of a lot will be responsible at its cost: (i) (ii) (iii) To connect its lot to the Service from the point on common property nominate by the owners corporation but only with the prior consent of the owners corporation as to the location and nature of that connection; For the maintenance, repair, renewal or replacement (as the case my be) of any part of the system which is for the exclusive use and enjoyment of that lot (or equally prorata amongst those proprietors benefiting by the system where it or the relevant part of it is shared by some but not all lots), whether the relevant part of the system is located within the boundaries of that owner s lot or on the common property; and To ensure that the provisions of paragraph (c) are complied with so far as any part of the system is the responsibility of that owner under this by-law. (c) Any cabling or wiring installed by or at the request of any owner or occupier of a lot (whether in respect of a system or otherwise) must: (i) (ii) Be installed in concealed ductwork or conduit; and Not be visible on the surface of any wall of the common property, without the prior written consent of the owners corporation, which may be withheld in its absolute discretion unless the proposed installation will comply with the provisions of this paragraph. (d) In the event that the owner corporation arranges for the repair, maintenance renewal or replacement of any part of the System which is the responsibility of a owner or some owners under this by-law, the cost of doing so will be recoverable by the owners corporation from that owner as a debt under S 63 (5) of the Strata Schemes Management Act, On the following conditions, the proprietor for the time being of Lot 3 ( the proprietor ) shall have a right of exclusive use and enjoyment of that area shall be kept in a good and proper state of maintenance at the expense of the proprietor.

5 5 SPECIAL BY-LAW NO. 11 SECURITY A. DEFINITIONS In this by-law: (1) Security Key means any electronic or mechanical device used as part of the Security System regulating and enabling access to or from the strata parcel, the lift to the floor level on which a particular lot is located or access to a lot or common property. (2) charges means security deposits, non-refundable portions of security deposits and replacement fees as determined from time to time by the Owners Corporation. B. FUNCTIONS In addition to the powers, authorities, duties and functions conferred or imposed on the Owners Corporation by the Strata Schemes Management Act 1996, and its bylaws, the Owners Corporation will have the following additional powers and functions: (1) The power to acquire and install appliances or other form of security ( security system ) to preserve the security of the lots and the common property including, without limitation, the power to acquire and install Security Key access systems to any part of the building, closed circuit television and monitoring systems and additional security doors or gates or both to restrict access to the lots and common property. (2) The power and the duty to repair, maintain, renew and replace any such appliances or systems as may be necessary from time to time. (3) The authority to determine from time to time the charges payable and other contributions for the issue and use of Security Keys by owners and occupiers of lots. (4) The authority to restrict the issue of Security Keys to common property areas and facilities to owners and occupiers of lots who have complied with conditions determined from time to time by the Owners Corporation. (5) The authority and obligation to keep a register of persons to whom Security Keys are issued, and to require (with which requirement an owner or occupier of a lot must comply) the periodic return to the Owners Corporation of Security Keys for the purpose of cataloguing and re-issue. (6) The authority to alter the coding of Security Keys from time to time in order to maintain or improve security. (7) The power and the authority to engage consultants and contractors for these purposes. (8) The power and the authority to apply the funds of the Owners Corporation to these purposes where necessary. C. SECURITY KEYS: CONDITIONS OF USE (1) Security Keys remain the property of the Owners Corporation. (2) Security Keys will be issued by the Building Manager and only to an owner or an occupier authorised in writing by an owner or an owner s agent.

6 (3) Each residential and commercial lot is entitled to two (2) Security Keys free of any deposit charge. (4) Unless circumstances reasonably justify the contrary, no more than one (1) Security Key shall be issued to each occupant of the building. (5) A $110 deposit charge is payable for the issue of each additional Security Key. The deposit charge will be refunded when the Security Key is returned undamaged and working. (6) An owner or occupier of a lot must: (a) take all reasonable steps not to lose Security Keys; (b) return Security Keys to the Owners Corporation if no longer required or if moving out of the building; and (c) notify the Owners Corporation or Building Manager immediately if a Security Key is lost or stolen. (7) An owner of a lot must take all reasonable steps in a lease or licence for the lot to procure that the occupier returns Security Keys either to the owner, to the Owners Corporation or to the Building Manager when they move out of the building. (8) An owner or occupier of a lot shall not duplicate a Security Key or cause or permit the same to be duplicated. (9) No owner or occupier is permitted to provide a Security Key to the lessee of a car space without approval from the Building Manager (such approval not to be unreasonably withheld). Security Keys for use by a car park lessee may only be obtained from and returned to the Building Manager. 6 D. OBLIGATIONS OF OWNERS AND OCCUPIERS (1) Owners and occupiers must not interfere with Security Systems. (2) Owners and occupiers must not do anything that might prejudice the security or safety of the building and its occupants. (3) Owners and occupiers must take reasonable care to make sure that fire and security doors are locked or closed when they are not being used. SPECIAL BY-LAW NO. 12 GREASE ARRESTER 12.1 Despite any other By- Law to the contrary, the Owners of Lots 1 to 9 inclusive and every person authorised by any such Owner has the special privilege to connect to and use the Grease Arrester The Owners of the Lots that connect to and use the Grease Arrester are solely responsible for the proper care, maintenance and serviceable repair of the Grease Arrester and the Common Property on which the Grease Arrester is contained. Costs must be shared on a proportionate basis between the Lots that connect to and use the Grease Arrester according to their unit entitlement The owners of the Lots must:

7 7 (a) (b) (c) (d) (e) Comply with the requirements and notices of all relevant Authorities in connection with the Grease Arrester; Reimburse the Owners Corporation for any additional insurance premiums or increased insurance premiums paid or payable by the Owners Corporation on any insurance policy effected in connection with the building as a result of the exercise of the rights in this By- Law; Indemnify the Owners Corporation and keep the Owners Corporation indemnified against all claims and liability incurred by the Owners Corporation as a result of exercise of the rights created by this By- Law as a result of carrying out any obligation imposed by this By- Law; Keep and maintain the Grease Arrester clean and in good condition; and Replace or renew the Grease Arrester when it is in need of replacement or renewal. SPECIAL BY-LAW NO The Owners Corporation to install at its cost separate water meters for Lots 1 to 9. Each Owner of Lots 1 to 9 inclusive shall be required to make payment to the relevant service provider of water the amount assessed as being used by each Lot.

8 8 SPECIAL BY-LAW NO The Owners of Lots 1 to 9 inclusive and every person authorised by the Owners of those Lots to occupy any such Lot shall be required to produce to the Owners Corporation on demand a certificate of compliance issued by a licensed gas fitter in respect to all gas appliances installed within the Lot The certificate provided pursuant to Special By-Law 14.1 shall be provided to the Owners Corporation at the cost of the Owner of each Lot and shall be provided to the Owners Corporation prior to any change of tenancy of any such Lots The Owners of Lots 1 to 9 inclusive must: (a) (b) (c) (d) (e) Comply with the requirements and notices of all relevant Authorities in connection with the gas installation; Reimburse the Owners Corporation for any additional insurance premiums or increased insurance premiums paid or payable by the Owners Corporation on any insurance policy effected in connection with the Building as a result of the gas installation to any Lot; Indemnity the Owners Corporation and keep the Owners Corporation indemnified against all claims and liability incurred by the Owners Corporation as a result of the gas installation to any such Lot; Keep and maintain the gas installation in good condition; and Replace or renew any gas appliances when it is in need of replacement or renewal. SPECIAL BY-LAW NO 15 THAT the owner or occupant of a lot in the strata scheme have the special privilege to install an air conditioner on the common property in such position as may be agreed by the executive committee and to connect it with the lot through common property in a manner in keeping with the appearance of the rest of the building and exclusive use of the common property on which the air conditioner sits or is attached and through which the connections pass strictly on the following conditions: (a) (b) The air conditioning system ( system ) must be maintained in the position nominated by the owners corporation and the owner or occupant is responsible for all water penetration through the common property or the lot arising from the existence of the system; That the owner or occupant of the unit is responsible to maintain the air conditioner and the cubic space of the common property which it occupies, in good and serviceable condition, and the owner or occupant must repair and

9 rectify any damage arising as a result of the works and the existence of the air conditioner; 9 (c) (d) (e) (f) (g) (h) (i) No alterations may be made to the system without the prior written consent of the owners corporation, which may be subject to such conditions as it may require; The owner or occupant of the unit must comply with the terms of any written notice issued by the owners corporation in respect to the requirements of this by-law within the time stated in any such notice; The owner or occupant of the unit must obtain the prior consent of Local Council, if necessary; In the event of the owner or occupant failing to comply with the terms of any written notice under clause (c) the owners corporation or its authorised agents may (but without any obligation to do so) carry out any work required to ensure the amenity of the strata scheme and for that purpose may enter on any part of the Lot at all reasonable times on reasonable notice and may recover from the owner the cost of carrying out the work and if necessary recover the amount incurred for legal proceedings (including legal costs, fees and disbursements); That the owner or occupant of the unit indemnifies the Owners Corporation against any legal liability, loss, claim or proceedings in respect of any injury, loss or damage whatever to any person, the common property in so far as that injury, loss or damage arises out of the works or the existence of the air conditioner; That the owner or occupant of the unit covers all costs associates with the installation; That the owner or occupant of the unit complies with By-Law No 1 (Schedule 1 Strata Schemes Management Act, 1996) at all times as follows: An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property. SPECIAL BY-LAW NO 16 An Owner for the time being of a Lot in the strata scheme ( owner ) has the special privilege of making alterations to their Lot, subject to the following conditions; (a) (b) (c) The work must be carried out causing minimum inconvenience to the occupiers of other lots in the strata scheme. The Work must be in accordance with plans and specifications approved by the executive committee. No materials required for the work are to be stored on the common property.

10 10 (d) (e) Common property to be kept clean at all times. Prior to the commencement of Work, the Owner must: (i) (ii) (iii) (iv) Submit plans and specifications of the work including details of the material to be used; In the event of any structural work, including demolition of any internal walls within the Lot, the Owner will provide to the Owners Corporation a certificate from a suitably qualified Structural Engineer confirming that the works to be undertaken will have no implications on the structural integrity of the building, and at the conclusion of any works provide the owners corporation a certificate from the Engineer stating that the works have been carried out in accordance with their recommendations; Obtain the written consent of the executive committee; Obtain the consent for the Works from any necessary Authority and provide the owners corporation with a copy of that consent or evidence that consent is not required. (f) The Work must: (i) (ii) (iii) Be done in a proper and workmanlike manner by duly licensed contractors at the Owners expense. Owner to provide all required licenses and insurance particulars from the tradespersons being used (must be sighted by the Owners Corporation prior to the commencement of works); Be completed in accordance with the approved plans and specifications; Be undertaken during normal building hours and days as approved by the local council but in any case, no work may be carried out before 8.00 am or after 5.00 pm on any weekday and no work may be carried out on a Saturday, Sunday or Public Holiday. (g) The Owner: (i) (ii) (iii) Indemnifies the owners corporation, all other members of it and any resident of the Strata Scheme against any legal liability, loss, claim or proceedings in respect of any injury, loss or damage whatever to any person, the common or other property in so far as that injury, loss or damage arises out of the carrying out of the Works or their existence; Is responsible to maintain the works and that part of common property to which it is connected, in good and serviceable condition and for any water penetration to the lot through or by virtue of the works; Must repair and rectify any damage arising as a result of the works. (h) If the owner fails to comply with these conditions, the owners corporation may (but without) any obligation to do so) carry out any such work as may be

11 necessary to rectify the Owners default, and for that purpose to enter on any part of the lot at all reasonable times on reasonable notice, and may recover the cost of doing so from the Owner as a debt. 11 SPECIAL BY-LAW NO 17 The owner for the time being of Lot 8 in the strata scheme ( Owner ) has the special privilege of installing a security device to the Lot, in the position and of an appearance approved of by the executive committee and the owner has exclusive use an enjoyment of any parts of the common property enclosed by the security device on the following terms and conditions: (a) The Owner: (i) (ii) (iii) Indemnifies the owners corporation, all other members of it and any resident of the Strata Scheme against any legal liability, loss, claim or proceedings in respect of any injury, loss or damage whatever to any person, the common or other property in so far as that injury, loss or damage arises out of the installation, maintenance to or removal of the security device or its presence on the common property; Is responsible to maintain the security device and that part of common property to which it is connected, in good and serviceable condition and or an appearance acceptable to the executive committee and for any water penetration to the Lot through or by virtue of the security device; Must repair and rectify any damage arising as a result of the security device and the existence of the security device. (b) If the owner fails to comply with these conditions, the owners corporation may (but without any obligation to do so) carry out any such work as may be necessary to rectify the Owners default, and for that purpose to enter on any part of the Lot at all reasonable times on reasonable times on reasonable notice, and may recover the cost of doing so from the Owner as a debt. SPECIAL BY-LAW NO 18 (1) Preservation of Fire Safety by Owners and Occupiers The owner or occupier of a lot must not do any thing on the lot or common property that is likely to affect the operation of a fire safety device in the building or to reduce the level of fire safety in the lots or common property. (2) Preservation of Fire by Invitees The owner or occupier of a lot must not permit any invitees of the owner or occupier to do any thing on the lot or common property that is likely to affect

12 the operation of a fire safety device in the building or to reduce the level of fire safety in the lots or common property. (3) Examples of Things That Reduce Fire Safety For the purposes of this by-law, the things that are taken to affect the operation of a fire safety device in the building or to reduce the level of fire safety in the lots or common property include, but are not limited to: 12 (i) (ii) (iii) removing or painting over a smoke or heat alarm or a smoke or heat detector, tampering with or removing a portable fire extinguisher, a hose reel, a fire hydrant or a wall or floor wetting sprinkler or drencher, adding to or altering the entrance door on the boundary of a lot by replacing the door, installing a security grill or screen on the outside of the door or changing or installing a new lock, handle, peep hole or door closer. (4) Notice of Defects Which Reduce Fire Safety The owner or occupier of a lot must promptly notify the owners corporation of any thing that is likely to affect the operation of a fire safety device in the building or to reduce the level of fire safety in the lots or common property including, but not limited to, damage to, a defect in, or the failure or malfunction of, any fire safety device. (5) False Activation of Fire Safety Devices An owner or occupier of a lot must not do any thing on the lot or common property that is likely to activate a fire safety device except in the case of any emergency or another event that is likely to pose a hazard or danger to the building or any person in the building. (6) Breach of this By-Law If an owner or occupier of a lot breaches this by-law, then the owners corporation may: (i) (ii) (iii) rectify the breach by any lawful means, enter on any part of the building, in accordance with the Strata Schemes Management Act 1996, to rectify the breach, and recover from the owner or occupier in breach as a debt: (a) (b) (c) the costs it incurs rectifying the breach, the costs it incurs as a result of the breach, and the expenses it incurs recovering those costs including, but not limited to, any legal costs and strata managing agent s charges.

13 13 (7) Fire Safety Devices For the purposes of this by-law, a fire safety device includes, but is not limited to: Access panels, doors and hoppers to fire Resisting shafts Automatic fail-safe devices Automatic fire detection and alarm systems Automatic fire suppression systems Emergency lifts Emergency lighting Emergency warning and intercommunication Systems Exit signs Fire control centres and rooms Fire dampers Fire doors Fire hydrant systems Fire Seals protecting openings in fire-resisting Components of the building Fire shutters Fire windows Hose reel systems Mechanical air handling systems Perimeter vehicle access for emergency Vehicles Portable fire extinguishers Safety curtains Smoke alarms and heat alarms Smoke and heat vents Smoke dampers Smoke detectors and heat detectors Smoke doors Solid core doors Standby power systems Wall or floor wetting sprinkler and drencher Systems Warning and operational signs.

14 14 SPECIAL BY-LAW NO 19 Any replacement of or alteration to balcony doors and/or windows between the internal area of Lots of the balcony/outdoor areas of Lots must be in accordance with the approved specifications annexed to this BY-LAW and marked Annexure A (next 6 pages) Annexure A

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20 20 SPECIAL BY-LAW NO. 20 POOL COMMON AREA This by law applies to the use of the pool in Strata Plan and area immediately surrounding the pool. 1. Only owners, occupiers and invitees as defined in the Strata Schemes Management Act 1996 (NSW) (collectively, Users ) are entitled to access and use the Pool Common Area. 2. At all times owners and occupiers are responsible for the behaviour of their guests. 3. Noise emitted by Users must not interfere with other Users quiet enjoyment of the Pool Common Area, or interfere with the owners /occupiers quiet enjoyment of their lots. 4. No music or sound is permitted to be played through speakers in the Pool Common Area. Only personal listening audio devices with headphones are permitted. 5. Glass containers are prohibited in the Pool Common Area. 6. Alcohol is prohibited in the Pool Common Area. 7. Animals (other than assistance animals) are prohibited in the Pool Common Area. 8. At all times children under the age of 16 years must be accompanied and supervised by a responsible adult exercising effective control. 9. All rubbish, including cigarette butts, must be placed in the bins provided or removed from the Pool Common Area upon leaving. 10. The Pool Common Area may only be accessed between the hours of 7 am and 9 pm. 11. Suitable bathing attire must be worn by all Users (including children) at all times. 12. Users access and use the Pool Common Area at their own risk. The Owners Corporation and Managing Agent accept no responsibility or liability for any loss, damage or injury arising directly or indirectly as a result of the entry to or use of the Pool Common Area. 13. Failure to abide by these rules may result in Users being asked to leave the pool area. 14. If an owner or occupier uses the Pool Common Area in breach of this by-law and the Executive Committee determines by resolution that that owner or occupier should be banned from using the Pool Common Area for a period of not less than three but not more than six months, then: (a) that owner or occupier shall be banned from using the Pool Common Area for the period determined by the Executive Committee; and (b) the Building Manager will de-activate the owner s or occupier s Security Key access to the Pool Common Area for the period determined by the Executive Committee.

21 21 SPECIAL BY-LAW NO. 21 ROOF TOP COMMON AREA This Bylaw applies to the use of the roof top area. 1. Only owners, occupiers and invitees as defined in the Strata Schemes Management Act 1996 (NSW) (collectively, Users ) are entitled to access and use the Roof Top Common Area. 2. Owners/occupiers are entitled to use the barbecues on the Roof Top Common Area on the following conditions: a. the barbecues are booked via the online booking system; b. the barbecues must be thoroughly cleaned, immediately after use. 3. If, in the reasonable opinion of the Building Manager, an owner or occupier or any invitees have left the barbecue or any other part of the common property unclean, untidy, defaced or damaged as a result of their use of the barbecue, the owner or occupier must, as soon as possible, clean the barbecue and rectify any damage to the common property. If the owner or occupier fails to do so, the Owners Corporation may perform any reasonable cleaning or rectification work and recover the cost by charge on the account of the relevant lot. Owners and occupiers are responsible for the behaviour of their guests. 4. Gatherings on the Roof Top Common Area must be limited to a maximum of 15 people, unless prior approval has been granted by the Executive Committee. 5. Noise and/or music emitted by Users and/or any activity or behaviour of Users: a. must not be excessively audible outside a group of Users and/or b. must not interfere with other Users quiet enjoyment of the Roof Top Common Area or with owners / occupiers quiet enjoyment of their lots. 6. Moving of tables and chairs on the Roof Top Common Area shall be done with minimum noise, by lifting not dragging. 7. The Roof Top Common Area may only be accessed between the hours of 7 am and 11 pm each day, except on 31 December (New Year s Eve) when special arrangements will be made by the Executive Committee. 8. All rubbish (including cigarette butts) must be placed in the bins/wall mounted units provided or removed from the Roof Top Common Area upon leaving. 9. Animals (other than assistance animals) are prohibited. 10. Ball games are prohibited on the Roof Top Common Area. 11. Climbing on or over, or sitting on the balustrades on the Roof Top Common Area is expressly prohibited. 12. Users access and use the Roof Top Common Area at their own risk. The Owners Corporation and Managing Agent accept no responsibility or liability for any loss, damage or injury arising directly or indirectly as a result of the entry to or use of the Roof Top Common Area. 13. Failure to abide by this Bylaw may result Users being asked to leave the Roof Top Common Area. 14. If an owner or occupier uses the Roof Top Common Area in breach of this bylaw and the Executive Committee determines by resolution that that owner or occupier should be banned from using the Roof Top Common Area for a period of not less than three but not more than six months, then:

22 (a) that owner or occupier shall be banned from using the Roof Top Common Area for the period determined by the Executive Committee; and (b) the Building Manager will de-activate the owner s or occupier s Security Key access to the Roof Top Common Area for the period determined by the Executive Committee. 15. The Owners Corporation shall have the right, at its absolute discretion, to appoint such security officers as it deems necessary, to: (a) enforce the hours of use stipulated in Clause 7; and (b) attend at any function held on the Roof Top Common Area. 16. Owners and occupiers must comply with any reasonable request or instruction received from a security officer appointed by the Owners Corporation and must take all reasonable steps to ensure that invitees of the owners or occupiers comply with any reasonable request or instruction received from a security officer appointed by the Owners Corporation. 22 SPECIAL BY-LAW NO 22 A document may be served on the owner of a lot by electronic means if the person has given the owners corporation an address for the service of notices and the document is sent to that address. SPECIAL BY-LAW NO DEFINITIONS In this by-law, unless the context indicates otherwise, the following terms and expressions are defined to mean: (a) Lot 9 refers to Lot 9 in Strata Plan 30102; (b) (c) (d) (e) Adjacent Common Property means that part of the Common Property of the Strata Plan which is affected by reason of the installation of the Gate in the Balcony Balustrade; Balcony Balustrade means the balustrade situated on the perimeter of that part of Lot 9 marked as Balcony on part of Strata Plan a copy of which annexed and marked A ; Gate means the gate which has been installed in the Balcony Balustrade; The Business means the business of a gymnasium. 2. RIGHTS AND OBLIGATIONS The current owner of Lot 9, ACN Pty Ltd (ACN ) ( the Owner ) shall be conferred with the special privilege in respect of the common

23 property to install the Gate, subject to the due observance and performance by the Owner with the following conditions and obligations: 23 (a) Gate Maintenance The Owner must maintain the Gate (including, but not exhaustively, its individual parts including any latch or similar device to keep the Gate closed and/or locked when not in use) in a state of good and serviceable repair and for this purpose shall renew or replace the Gate or its parts whenever considered reasonably necessary by the Owners Corporation; (b) Common Property Maintenance The Owner must be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the Adjacent Common Property; (c) Restrictions (i) (ii) The Owner must not open or use the Gate otherwise than for the purpose of moving equipment, furniture or fittings into or out of Lot 9, and which is unable to be moved into or out of Lot 9 through other entrance/exits to the Lot; Use of the Gate is restricted to the Owner, its agents or employees, or otherwise by a person approved in writing by the Executive Committee of the Owners Corporation. (d) Locking the Gate The Owner must ensure there are no customers of the Business or any other members of the public in the vicinity of the window nearest the Gate at any time that the window is unlocked or open, or the Gate is open or in use. (e) Indemnity (i) (ii) (iii) The Owner fully indemnifies the Owners Corporation and to the extent necessary, the Executive Committee of the Owners Corporation, for any loss and damage arising out of, directly or indirectly, the Balcony Balustrade from the date the Balcony Balustrade was constructed; The Owner fully indemnifies the Owners Corporation and to the extent necessary, the Executive Committee of the Owners Corporation against any liability for loss and damage to the Balcony Balustrade caused by the Owners Corporation in undertaking any work referred to in s.65 of the Strata Schemes Management Act 1996 (NSW) or in exercising the power of entry conferred by that section; Loss and damage in this sub-clause includes any cost, claim, demand, cause of action or proceedings arising out of statute, equity or common law (including, but not exhaustively, any claim or liability in relation to proportionate liability).

24 24 (f) By-Law Breach Without prejudice to the other rights of the Owners Corporation, where the Owner fails or neglects to carry out any condition referred to herein, then the Owners Corporation or its agents, servants or contractors may carry out such condition and may enter upon any part of the parcel for that purpose at any reasonable time on notice given to any occupier or owner of the part of the parcel and may recover the costs of fulfilling such condition as a debt from the Owner. Annexure A (Location of Lot 9 Balcony)

25 SPECIAL BY-LAW NO. 24 CARPARK STORAGE (1) An owner or occupier may install a storage unit in their car park lot with the written approval of the Owners Corporation. (2) Common Property (such as essential services and areas outside of the lot boundary) must not be affected by the installation. (3) Any installation must: (a) (b) (c) (d) (e) (f) (g) be of a type approved by the Executive Committee; not obstruct periodic cleaning of the car park; not compromise access to building services or safety; be installed so that the storage unit and vehicles remain within the boundary of the lot; not be affixed to Common Property or the building structure; not impede access to vehicles on an adjoining lot; and not significantly interfere with lighting, and must not interfere with security lighting. (4) The owner or occupier 25 (a) (b) (c) (d) (e) must repair at his own cost any damage to the Common Property or the property of the owner or occupier of another lot, occurring in the installation, maintenance, replacement, repair, renewal or removal of the storage unit; may not use or permit the use of a storage unit except for the storage of his personal property; must not store in a storage unit (other than for domestic purposes or for use in a motor vehicle or other engine) any inflammable, dangerous, explosive, noxious or nauseous substance; must maintain a storage unit in a state of good and serviceable repair and appearance and must renew or replace it whenever necessary; must indemnify the Owners Corporation and the owners and occupiers of other lots against any liability or expense that would not have been incurred if a storage unit had not been installed. (5) All goods are stored at the risk of an owner or occupier and the Owners Corporation will not be liable for any loss or damage, however caused. (6) The insurance of the storage unit and its contents are the responsibility of the owner or occupier of the lot on which it is installed. (7) If the Owners Corporation requires access to an area of Common Property adjacent to where a storage unit is located to perform its statutory duties then the owner or occupier of the lot must if requested, remove and replace the storage unit at his cost to enable the Owners Corporation to carry out such work. (8) The Owners Corporation reserves the right to withdraw any approval given and to require the removal of the storage unit if the owner or occupier commits a material breach of this By- Law.

26 SPECIAL BY-LAW NO. 25 PARKING PROTECTORS (1) An owner may install a parking protector in his car park lot with the written approval of the Owners Corporation. (2) The parking protector must: 26 (a) (b) be of a type approved by the Executive Committee be installed 750 mm deep into the parking space measured from the line separating the driveway from the space, and an even distance from the two side lines of the space (3) The owner: (a) (b) (c) must repair at his own cost any damage to the Common Property or the property of the owner or occupier of another lot, occurring in the installation, maintenance, replacement, repair, renewal or removal of the parking protector; must maintain the parking protector in a state of good and serviceable repair and appearance and must renew or replace it whenever necessary; must indemnify the Owners Corporation and the owners and occupiers of other lots against any liability or expense that would not have been incurred if the parking protector had not been installed. (4) If the Owners Corporation requires access to an area of Common Property impacted by the parking protector to perform its statutory duties then the owner of the lot must if requested, remove and replace the parking protector at his cost to enable the Owners Corporation to carry out such work. (5) The Owners Corporation reserves the right to withdraw any approval given and to require the removal of the parking protector if the owner commits a material breach of this By- Law. SPECIAL BY-LAW NO. 26 RULES (1) The Owners Corporation may make reasonable rules about the security, control, management, operation use and enjoyment of the building. (2) The Owners Corporation may add to or change the rules at any time. (3) The Executive Committee must minute any rule created under this By-law at the first Executive Committee meeting following that rule s creation.

27 27 SPECIAL BY-LAW NO. 27 COMPLIANCE WITH PLANNING AND OTHER REQUIREMENTS (1) The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law. (2) The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot. SPECIAL BY-LAW NO. 28 LOTS 5 & 6 ALTERATIONS TO COMMON PROPERTY By-law to authorise the owners of Lots 5 and 6 to add to, alter and erect new structures on the common property and to the Owners of lots 6 exclusive use of an area of the Orwell Street side of the Building to enable the Owners of Lot 6 to erect a sign on the said wall. PART 1 DEFINITIONS & INTERPRETATION 1.1 In this by-law:- (a) Authority means any relevant government, semi government, statutory, public or other authority having any jurisdiction over the Lot. (b) Insurance means:- (i) contractors all risk insurance with an authorised insurer (incorporating cover against public risk in respect of claims for death, injury, accident and damage occurring in the course of or by reason of he Works to a minimum of $10,000,000); (ii) insurance required under the Home Building Act 1989, which if permissible by the insurer must note the Owners Corporation as an interested party; and (iii) Workers compensation insurance as required by law.

28 28 (c) Lot means a lot in strata scheme (d) Owners means the owners of Lots 5 and 6 from time to time. (e) Owners Corporation means the owners corporation created by the registration of strata plan registration no (f) Works means the: i) Remove part of existing wall between lots 5 and 6 of the Strata scheme ii) Install a door and a passageway between lots 5 and 6 of the Strata scheme as shown in the attached diagram marked B, which works have been commenced. iii) Install a sign on the Orwell Street side of the building as shown in the attached diagram marked C. which sign has already been installed. iv) Reinstall the door to lot 6 so as to enable it to open outwards rather than inward. (g) Exclusive Use Area means the common property areas reasonably required to keep the Works. 1.2 In this by-law a word which denotes:- (a) the singular includes plural and vice versa; (b) any gender includes the other genders; (c) any terms in the by-law will have the same meaning as those defined in the Strata Schemes Management Act 1996; and (d) references to legislation includes references to amending and replacing legislation. PART 2 GRANT OF RIGHT 2.1 The Owner is authorised to add to, alter and erect new structures on the common property in accordance to carry out the Works. 2.2 The Owners have the exclusive use of the Exclusive Use Area. PART 3 CONDITIONS PART The Owner must: (a) obtain all necessary approvals from any Authorities and provide a copy to the Owners Corporation; and (b) effect and maintain Insurance for the duration of the Works being carried out and provide a copy to the Owners Corporation.

29 29 PART 3.2 During construction 3.2 Whilst the Works are in progress the Owner must: (a) use duly licensed employees, contractors or agents to conduct the Works and supply their contact details before each of them commences their work; (b) ensure the Works are conducted in a proper and workmanlike manner and comply with the current Building Code of Australia and the Australian Standards and the law; (c) use reasonable endeavours to cause as little disruption as possible; (d) perform the Works during times reasonably approved by the Owners Corporation; (e) perform the Works within a period of 1 month from their commencement or such other period as reasonably approved by the Owners Corporation; (f) transport all construction materials, equipment and debris in the manner reasonably directed by the Owners Corporation; (g) protect all affected areas of the building outside the Lot from damage relating to the Works or the transportation of construction materials, equipment and debris; (h) keep all affected areas of the common property outside the Lot clean and tidy, and removing all debris; (i) ensure that the Works do not interfere with or damage the common property or the property of any other lot owner other than as approved in this by-law and if this happens the Owner must rectify that interference or damage within a reasonable period of time; and (j) not vary the Works without first obtaining the consent in writing from the Owners Corporation. PART 3.3 After construction 3.3 After the Works have been completed the Owner must without unreasonable delay: (a) notify the Owners Corporation that the Works have been completed; (a) notify the Owners Corporation that the Works have been completed; (b) notify the Owners Corporation that all damage, if any, to lot and common property caused by the Works and not permitted by this bylaw have been rectified; and (c) provide the Owners Corporation with a copy of any certificate or certification required by an Authority to certify the Works. PART 3.4 Enduring rights and obligations 3.4 The Owner:- (a) is responsible for the ongoing maintenance of the alterations of, additions to and new structures erected on the common property resulting from the Works;

30 (b) is responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the Exclusive Use Area and the Works; (c) must renew or replace the Works when necessary or when reasonably required by the Owners Corporation; (d) remains liable for any damage to lot or common property arising out of the Works; (e) must make good any damage to lot or common property arising out of the Works; (f) must indemnify the Owners Corporation against any costs or losses arising out of the Works to the extent permitted by law. 30 STRATA PLAN NO (2 SPRINGFIELD LANE, POTTS POINT) DIAGRAM B REFERRED TO IN SPECIAL BY-LAW NO. 28 LOTS 5 & 6 ALTERATIONS TO COMMON PROPERTY

31 31

32 STRATA PLAN NO (2 SPRINGFIELD LANE, POTTS POINT) DIAGRAM C REFERRED TO IN SPECIAL BY-LAW NO. 28 LOTS 5 & 6 ALTERATIONS TO COMMON PROPERTY 32